Virendra Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2949 of 2019 ====================================================== Virendra Paswan, aged about 48 years (Male) Raghuni Paswan Resident of Village- Madhwara, P.S. Paliganj, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The District Magistrate, Patna.

3.

The Sub- Divisional Officer, Patna.

4.

The Block Supply Officer, Paliganj, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Anujit Sinha, Advocate For the Respondents :

Mr.Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 10-06-2019 This matter has been heard and is being taken up for final disposal at the admission stage itself with consent of the parties.

2. The present writ petition has been filed for setting aside the order contained in memo no. 29 dated 19.1.2019 passed by the Sub-Divisional Officer, Patna in Case No. 01 of 2019 by which licence of the petitioner's Fair Price shop has been cancelled and monthly allotment has been stopped; and further to restore the petitioner's licence.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order of cancellation, to the effect that the same has been passed mechanically and without

Patna High Court CWJC No.2949 of 2019 dt.10-06-2019 2/3 due application of mind and without assigning any reason for such cancellation.

4. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed till date.

5. Having heard learned counsel for the parties and on careful consideration of the materials available on record, this Court finds merit in the writ petition. A bare perusal of the impugned order discloses that the petitioner's P.D.S. licence has been cancelled on the sole ground that the show cause reply filed by him was not satisfactory, without however assigning a single reason whatsoever as to why the same was not found satisfactory. There is no discussion in the order with regard to the plea raised by the petitioner in his show cause reply and why the same did not find favour with the authority. In such circumstances, therefore, it must be held that the impugned order does not amount to a speaking order and is thus violative of the principles of natural justice which cannot be sustained in law.

6. Accordingly, the impugned order contained in Memo No. 29 dated 19.01.2019 (Annexure-3) passed by the SubDivisional Officer, Patna (Respondent No. 3) is hereby quashed and the matter is remanded to him to consider and dispose of the matter afresh by a speaking order after grant of opportunity of hearing to the petitioner in accordance with law. Licence of the

Patna High Court CWJC No.2949 of 2019 dt.10-06-2019 3/3 petitioner shall be restored without delay until fresh orders are passed by the respondent no. 3.

7. The writ petition stands allowed as above. (Vikash Jain, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.06.2019 Transmission Date N.A.